Philadelphia Alimony Lawyer

When a couple begins the divorce process, one key element of the settlement is known simply as support; this can be broken down further into child support and spousal support. Child and spousal support is generally defined as the financial support for children, as well as the parent with primary physical custody of the children. Family support payments are generally paid on a weekly/monthly basis and continue on until the youngest child reaches age 18 (in Pennsylvania) or age 19 in New Jersey.

What is Spousal Support?

Spousal support in Pennsylvania means that by law, one spouse must pay the other spouse a set amount of money on a regular basis during or after their divorce. When establishing a divorce agreement, spouses may agree to the terms of the support. If the parties cannot agree on their own terms, the court may order a certain arrangement.

Spousal support, also known as alimony, can also be used to pay back a debt. For example, if a wife worked to put her husband through college, the husband may be ordered to pay tuition reimbursement to the wife as an act of spousal support. This type of spousal support can prevent one party from feeling like the other party has taken financial advantage of their situation while married.

When is a Spouse Entitled to Support in Pennsylvania?

Not every spouse receives support after a divorce. Because spousal support aims to help one spouse remain financially stable after divorce, the court will look at many factors decide who is eligible and who should pay, including:

Both spouses’ earnings and earning capacity
Their ages and health
Their sources of income such as inheritances, retirement, and insurance
The duration of the marriage and the standard of living the spouses had established
Each spouse’s education and whether one spouse contributed to the education, training, or increased earning power of the other
How one spouse might be financially affected by having custody of the children
The spouses’ property, assets, needs, and liabilities
Any instances of abuse and other forms of bad behavior
Tax ramifications of the alimony
Whether one spouse cannot support himself or herself alone

Examining these factors help determine whether alimony is necessary, and if so, for how much and how long.

Types of Spousal Support in Pennsylvania

Spousal support in Pennsylvania may come in one of three forms:

Spousal support: One spouse makes support payments after the parties separate but before they finalize the divorce. The court may order spousal support before the couple even files the initial divorce petition.
Alimony pendente lite: The court makes a temporary support order after one spouse files for divorce but before the divorce is final.
Alimony: The court makes a support order during or after entering the official divorce decree.

If spousal support is necessary, the court will decide which form is best depending on your individual situation.

Common Questions About Spousal Support

When Do Courts Award Alimony?

During initial consultations with clients, questions often arise concerning alimony. Many people think alimony is a given and that the higher income spouse will have to make payments to the lower income spouse after the divorce. In Pennsylvania, however, courts only award alimony if it is necessary, i.e. the distribution of the couple’s marital property did not adequately provide for the lower income spouse. In determining whether to award alimony, courts consider a variety of factors, including the spouses’ incomes, standards of living, and the duration of the marriage. Usually a court is less likely to award alimony for marriages that only lasted a short time.Those are the basics about alimony, APL, and spousal support. The divorce attorneys at Petrelli Previtera, LLC are happy to discuss these topics with you in greater detail and in the context of your unique situation. Alimony and support can be daunting, but we are here to guide you through this sometimes contentious area of divorce.

When will alimony or spousal support be awarded?

Divorce may end many obligations. However, it might not end them all. You may or may not have alimony obligations when your marriage comes to an end. An attorney from our law firm can help you determine if you might owe or receive spousal support once you divorce.

Spousal Support vs. Alimony

Spousal support is awarded for the purpose of assisting the less well-off spouse get a fresh start after the divorce. It is a form of financial assistance that partners can negotiate on their own, or that a judge could award to one spouse.

Alimony recognizes the receiving partner’s contributions to the marriage. Perhaps they were a stay-at-home parent raising the kids while the other partner focused on their career. It can help one spouse achieve financial independence after the divorce. To determine if spousal maintenance payments should be awarded, the court will look at the following factors:

Length of the couple’s legal marriage
Each partner’s earning capacity and their contribution to household or career
The physical health of the recipient
The recipient’s ability to find gainful employment

Alimony payments can be made in one lump sum or in installments.

How Is the Appropriate Levels of Support Determined?

Both Pennsylvania and New Jersey use statewide uniform guidelines to determine the appropriate levels of support. If you would like help determining an estimate of the appropriate level of support, please contact our office for a list of accurate figures based on state guidelines.

Another option that is often used during divorce is that of a temporary alimony agreement, also know as alimony pendente lite, to establish maintenance of lifestyle, protection of assets, obligations of the parties. This agreement is nullified when divorce decree or final judgment of divorce is reached.

The court system determines spousal support amounts with an eye on the factors provided by the Legislature, including length of marriage, prior living standard, presence of young children, employment opportunities available to the spouse requesting support, and the extent to which the supported spouse has contributed to the attainment of education or a professional license by the other spouse

Does Alimony Have Tax Implications?

Spousal support comes with an income tax advantage. The Internal Revenue Code defines all spousal support payments as tax deductible by the paying spouse and “ordinary income” for the recipient spouse. For this reason, negotiated settlements can include a high spousal support number resulting in tax breaks for the paying spouse.

What is Alimony pendente lite, often called “APL”?

Another topic that comes up is the difference between alimony and alimony pendente lite. Alimony pendente lite, often called “APL” for short, refers to payments that the higher income spouse must make to the other spouse to cover his or her costs of litigation, which are attorney’s fees. If the spouse who files for divorce is the lower income spouse, he or she often requests APL in the divorce complaint. It can also be requested separately.Related to APL is spousal support. Pennsylvania law requires that husbands and wives support each other. This duty continues even after spouses separate, and lasts until a divorce decree is issued. As with APL, a claim for support can appear in the divorce complaint or can be filed separately.

What Is Temporary Spousal Support?

Temporary spousal support, also known as alimony pendente lite, is sometimes available and can be awarded when one spouse is unemployed or earning significantly less than the other spouse. If child support is also being paid, the amount of spousal support is determined after the guideline level of child support is calculated. Temporary spousal support is used to preserve the status quo and provide the spouse with sufficient income for basic needs in maintaining the parties’ lifestyle.

Can An Attorney Negotiate Spousal Support?

Sometimes, a divorcing couple will agree to a spousal support plan that includes higher payments for the first few years. This type of spousal support gives the receiving party the flexibility to go back to school and complete a degree program. After graduation and entrance into the work force, the monthly payments are reduced to a lower level.

Getting Help

The divorce process is fraught with complexities that can be overwhelming. Petrelli Previtera, LLC can provide you with the guidance necessary if you need to create a temporary or long-term spousal support agreement. Contact our lawyers today for help getting started.

Contact Our Lawyers for Assistance

If you need help creating a fair and livable temporary or long-term support agreement, our lawyers are highly-qualified to provide you with guidance. Petrelli Previtera, LLC is committed to ensuring families reach a fair and efficient resolution. Contact our firm to schedule a consultation.

Philadelphia Alimony Lawyer